Tuesday, May 11, 2010

LOS ANGELES: Newport Beach breakaway congregation again asks California Supreme Court to hear property claim


From Episcopal Life Online-

Attorneys for a Newport Beach breakaway congregation on May 4 petitioned the California Supreme Court a third time in an effort to be declared the owner of church real property and other assets.

St. James' Anglican Church had 30 days to respond to a lower appellate court ruling that reaffirmed, two to one, that the property is held in trust by the Diocese of Los Angeles and the wider Episcopal Church.

The California Court of Appeal, Fourth Appellate District, Third Division, on March 26 had instructed the trial court to enter an order enforcing the interests of the Episcopal Church and the diocese in the real property and other assets claimed by the congregation, which broke away in 2004.

"We believe, as did the Court of Appeal, that the California Supreme Court has ruled conclusively on who owns the property in question," said John Shiner, diocesan chancellor, in a May 6 telephone interview from his office. "That decision indicated that the property belonged to the Diocese of Los Angeles.

"It's disappointing that this matter still continues when the California Supreme Court has ruled decisively in our favor," Shiner added.

Eric Sohlgren, an attorney for St. James, did not respond to ENS requests for an interview May 6. But in a statement posted on the church website, he said: "St. James has followed a steady course since this lawsuit was first filed against them and its church volunteers.

More here-

http://www.episcopal-life.org/81803_122140_ENG_HTM.htm

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